Law: Pakistan Penal Code, 1860

Section: 409

Law: Pakistan Criminal Law Amendment Act, (XIX of 1948)

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 222(2),234,242,286

(a) Penal Code (XLV of 1860)-------S. 409 read with Criminal Procedure Code (V of 1898), Ss. 222(2) & 234-Criminal breach of trust in respect of three items of misappropriation Charge in each case specifying gross sum and mentioning two specific dates within course of one year-No misjoinder of charges. (b) Pakistan Criminal Law (Amendment) Act (XIX of 1948)--- ---S. 7 read with Criminal Procedure Code (V of 1898), Ss. 242 & 286-Trial of cases by Special Judge-Special Judge not bound to recall or re-hear witnesses examined by his predecessor-in­ofce-Sections 242 & 286, Cr. P. C. applicable only to iritial stages of such trial. Said Akbar, Advocate Supreme Court instructed by Virasat Hussain Naqvi, Attorney for Appellant. S. A. Mahmud, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 26th March 1957. JUDGMENT AMIRUDDIN AHMAD, J.-These are appeals by special leave of this Court from the orders of the High Court of Judicature at Lahore in four appeals, which were preferred by the present appellant against his conviction and sentences under section 409 of the Pakistan Penal Code, by the Special Judge, Rawalpindi. In Case No. 125/2 of 1953, the appellant was sentenced to three years' rigorous imprisonment and a fine of Rs. 3,500 in default to further rigorous imprisonment for one year. In Case No. 120/2 of 1953, he was sentenced to one year's rigorous imprison­ment and a fine of Rs. 220 in default to further rigorous imprisonment for six months. In Case No. 127/2 of 1953, he was sentenced to three years' rigorous imprisonment and a fre of Rs. 2,100 in default to further rigorous imprisonment for six months, and in Case No. 124/2 of 1953, he was sentenced to three years' rigorous imprisonment and a fine of Rs. 3,600 in default to further rigorous imprisonment for one year. The sentences in all the cases were ordered to run consecutively, and out of the fine, if realized, Rs. 9,079 were ordered to be paid to the Municipal Committee, Murree. The appellant during the relevant period was the Accountant and Treasurer of the Municipal Committee, Murree, and in this capacity he used to receive the daily income of the…

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